Telecommunications (Call Data Warrant) Regulations 1997

Reprint
as at 1 October 2008

Crest

Telecommunications (Call Data Warrant) Regulations 1997

(SR 1997/348)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 8th day of December 1997

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Economic Development.


Pursuant to section 10S of the Telecommunications Act 1987, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Telecommunications (Call Data Warrant) Regulations 1997.

    (2) These regulations come into force on 1 February 1998.

2 Form of call data warrant
  • Every call data warrant issued under section 10B of the Telecommunications (Residual Provisions) Act 1987 must be in the form set out in the Schedule.

    Regulation 2: amended, on 20 December 2001, pursuant to section 159(3) of the Telecommunications Act 2001 (2001 No 103).


Schedule

r 2

Form
Call data warrant

(Section 10B, Telecommunications (Residual Provisions) Act 1987)

  • *1 To every constable:

or

  • *1 To every Customs officer:

  • 2 I am satisfied on an application made to me in writing and on oath that there is reasonable ground for believing—

    • (a) that an offence punishable by imprisonment has been, or is being, or is likely to be committed; and

    • (b) that evidence relevant to the investigation of the offence will be obtained—

      • (i) by the use of a telephone analyser; or

      • (ii) from call associated data provided by a network operator.

  • 3 The offence in respect of which this warrant is granted is ...........................(being an offence punishable by imprisonment).

  • 4 This warrant authorises you at any time or times within [here specify the period during which the warrant is to be in force, which may not exceed 30 days from the date of issue] days from the date of this warrant to do the following things:

    • (a) to connect a telephone analyser, or to have a telephone analyser connected, to any part of a network, or to any line, apparatus, or equipment connected to any part of a network, that is used, or (where applicable) is suspected of being used, by [name and address of suspect or other person]:

    • (b) to monitor the telephone analyser, or to have the telephone analyser monitored:

    • (c) to require the network operator whose network is subject to this warrant to supply, to a constable or (as the case requires) a Customs officer, call associated data in respect of the above-named person.

  • 5 This warrant authorises you to obtain call associated data in respect of the following kind of telecommunication: [specify].

  • *6 This warrant relates to the following telephone number: [specify].

or

  • *6 This warrant authorises the use of a telephone analyser in respect of [premises or place, being premises or a place used or suspected of being used, by the person to whom the warrant relates, for the purposes of, or for any purpose relating to, an offence in respect of which the warrant is issued].

  • 7 Before requiring a network operator to supply call associated data under this warrant, you must consult with the network operator to ensure that compliance with the terms of the requirement will not unreasonably interfere with the normal operation of the operator’s network.

  • 8 This warrant does not authorise any person to enter any premises or place without the consent of the owner or occupier of those premises or that place, except as provided by section 10D of the Telecommunications (Residual Provisions) Act 1987.

Dated: [place, day, month, year]

....................
District Court Judge


* To be deleted where not applicable.
  • Schedule: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008.

  • Schedule: amended, on 20 December 2001, pursuant to section 159(3) of the Telecommunications Act 2001 (2001 No 103).

Marie Shroff,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 11 December 1997.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Telecommunications (Call Data Warrant) Regulations 1997. The reprint incorporates all the amendments to the regulations as at 1 October 2008, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)